Legal Question in Workers Comp in California

My previous employer...It started off as a temporary month contract, which led them to extend it for a 2nd month. I was cussed at by the CEO multiple times, was pressured to work on days that were not agreed to (my boundaries were pushed), working longer hours than intended, and not appreciated or thanked for the things I did. Toward the end I had 2 family deaths in a week and couldn't finish out the final week. I sent in an email explaining that I'd be willing to work from home to finish what I needed to for the contract but the CEO just told me to give everything to his girlfriend (worked at her house after hours as well) and that was it. On my last day, also the day I found out about my 2nd family death, he glared at me and then proceeded to cuss and scream at me about the fact we didn't sell out in the first week of our clothing being live. They ignored my emails repeatedly about pay and finally emailed me back week later stating false information, upset with the clothes not selling, and feel as if they don't have to pay me because I didn't finish; although I had clarified this when I sent my email before coming in on my last day and there was nothing else said by the CEO. End of story=Not paid :(

Asked on 4/28/21, 1:02 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

You MAY have a Wage Claim. You can start it here: The "CEO" can assert you were an Independent Contractor and you failed to complete your portion of the contract, so you are not entitled to payment under the contract. You will need to show this employer controlled the hours and schedule you worked, the place you worked, the tools you used, your break periods. (being cussed at = zero. not being appreciated = zero pressured to work extra = zero) If you have no actual proof, no writings and no contract, proving this company controlled your schedule and tools and the means to complete the task, you may wish to accept a compromise. If there is a contract and you agreed to perform per that contract and you failed, under strict contract law, the other party doesn't have to pay when you failed to perform per the written contract.

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Answered on 4/28/21, 7:11 pm

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